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Readunit3.pptxWorrall & Moore, Criminal Law and Criminal Procedure, 1e
Chapter 5
Inchoate Crimes
© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
1
CHAPTER OBJECTIVES
5.1
5.1
5.1
5.1
Explain the relationship of attempt to the substantive offense.
Summarize the defenses to charges of attempt.
Summarize what constitutes attempt.
Explain the concept of inchoate crimes.
© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
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CHAPTER OBJECTIVES
5.2
5.2
5.2
5.2
Describe the defenses to conspiracy.
Distinguish solicitation from other inchoate crimes.
Describe solicitation.
Identify the elements and complications of conspiracy.
© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
3
Explain the Concept of Inchoate Crimes
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
5.1
4
5.1
© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
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5.1
6
Inchoate Crimes
Conspiracy
6
Explain the Relationship of Attempt to the Substantive Offense
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
5.1
7
8
5.1
The defendant has the specific intent to commit the underlying offense and takes some action in furtherance of that intent, but is unsuccessful in completing the crime.
Attempt
8
5.1
There is no crime of attempt that is not LINKED to another substantive crime.
Attempted
Crime
Completed
Substantive
Offense
9
Linked
5.1
A defendant cannot be guilty of both the attempted and completed crime.
Attempt
9
Summarize What Constitutes an Attempt
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
5.1
10
5.1
11
Elements of a Crime
=Actus Reus
=Mens Rea
Intent to Commit
Crime
Overt Act Towards
Commission
Failure to Complete
Apparent Possibility of Commission
11
12
5.1
Physical
Proximity
Probable Desistance
Unequivocality
MPC
Substantial
Step
Last Act
Dangerous
Proximity
Indispensible
Element
Actus Reus Tests for Attempt
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5.1
13
| NAME | TEST |
| Last Act | The offender committed the last act necessary to complete the target crime |
| Physical Proximity | The offender is “nearly able” to complete the crime |
| Indispensable Element | The offender’s conduct is in “dangerous proximity to success” |
| Probable Desistance | Unlikely the offender will stop his activities towards commission of the crime |
| Unequivocality | A normal law abiding citizen views the offender’s actions as criminal |
| MPC Substantial Step | Offender takes a substantial step that corroborates the criminal purpose |
Actus Reus Tests for Attempt
Summarize Defenses to Charges of Attempt
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
5.1
14
Impossibility
It is impossible to commit the attempt
Abandonment Complete and voluntary change of heart
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5.1
Defenses to Attempt
15
16
5.1
Factual Impossibility :
Extraneous circumstances prevent the defendant from completing the crime
Legal Impossibility:
The action the defendant intends to perform is not a crime, even if completed
vs.
Factual vs. Legal Impossibility
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Identify the Elements and Complications of Conspiracy
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
5.2
17
18
5.2
Conspiracy
An agreement reached to commit a crime, with some states also requiring an overt act in furtherance of the crime.
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5.2
19
Agreement
Overt Act
(only some states)
Specific Intent
=Actus Reus
=Mens Rea
Elements of a Crime
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5.2
Corrupt
Motive
Corrupt Motives Doctrine:
Some states require that the agreement has an evil purpose in order to commit conspiracy
© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
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Types of Conspiracies
5.2
Spoke and Wheel: one central actor (the hub) has control of all aspects of the conspiracy, while the others (the spokes) only control one aspect
Chain: the individuals at one end of the conspiracy are not aware of the individuals at the other end
Wheel and Chain: a conspiracy with attributes of both the spoke and wheel and chain conspiracies
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5.2
22
Imports Drugs
Runs
Gambling
Ring
Bribes Police
Murders Rival
Mafia Boss
Runs
Prostitution
Ring
Mafia Boss
Example of a Spoke and Wheel Conspiracy
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Drug Lord
Buys
Large
Shipment
Sold to
Smaller
Street
Dealers
Sold to
College
Student at
Party
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5.2
Transported
to
NYC
Smuggled
into
U.S.
Drugs Grown
in
Columbia
Gang in
Arizona
Buys
Drugs
Example of a Chain Conspiracy
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Describe the Defenses to Conspiracy
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
5.2
24
5.2
Defenses to
Conspiracy
Abandonment
Withdrawal
Impossibility
Wharton’s Rule
© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
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5.2
Wharton’s Rule: a conspiracy cannot occur when two persons are required for the commission.
26
Describe Solicitation
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
5.2
27
5.2
Words
Commanding
or Urging the
Commission of
a Crime
Specific
Intent
Solicitation
© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
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5.2
Solicitation
Solicitation occurs when a person entices, advises, incites, orders, or otherwise encourages someone else to commit a crime.
For solicitation, there is no requirement that the crime actually be completed.
Solicitation is typically limited to felonies or misdemeanors that involve either obstruction of justice or breach of peace.
Solicitation does not occur if one person uses another as an “innocent instrumentality” in the commission of a crime.
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Distinguish Solicitation from other Inchoate Crimes
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
5.2
30
5.2
Solicitation
Conspiracy
An “Offer” to
Commit a Crime
An “Agreement” to Commit a Crime
Solicitation is distinguished from conspiracy. In general, solicitation is an attempted conspiracy.
© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
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An inchoate crime is one that is partial, unfinished, or begun and not completed.
Criminal attempt is an adjunct crime, meaning it cannot exist by itself. There is no crime of attempt that is not linked to some other substantive crime.
Attempt occurs when the defendant has the specific intent to commit the underlying offense and takes some action in furtherance of that intent, but is unsuccessful in completing the crime.
Legal impossibility is generally a defense to the crime of attempt, while factual impossibility is not. Abandonment is sometimes available as a defense in the attempt context.
CHAPTER SUMMARY
5.1
5.1
5.1
5.1
© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
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Conspiracy is an agreement reached to commit a crime, in some states an overt act in furtherance of the crime is also required.
The four main defenses to conspiracy are abandonment, withdrawal, impossibility, and Wharton’s Rule.
Solicitation occurs when a person entices, advises, incites, orders, or otherwise encourages someone else to commit a crime.
Solicitation is distinguished from conspiracy. In general, solicitation is an attempted conspiracy.
CHAPTER SUMMARY
5.2
5.2
5.2
5.2
© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
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